CEU Electronic Theses and Dissertations, 2022
| Author | Aripova, Saule |
|---|---|
| Title | Comparative Analysis Of The Criminal Procedure Legislation Of 1999, 2017, And 2021 With The Focus On Registration Procedure Of Domestic Violence And Rape |
| Summary | Kyrgyzstan inherited a punitive criminal justice system with strong prosecution, weak defence and a lack of judicial independence from Soviet times. The criminal legislation of 1999 did not address the said issues. The State embarked on criminal justice reform to comply with a human-rights-based approach, adversarial principles and international standards after the 2010 constitutional reform when Kyrgyzstan became semi-parliamentary democracy. The reform resulted in 2017 criminal legislation. However, after yet another constitutional change initiated by the populist regime, Kyrgyzstan has a semi-presidential political system. The new criminal justice counter-reform was initiated. Among other things, it re-introduced an instigation of a criminal case and pre-investigation inquiry, which existed in the 1999 criminal procedure and was eliminated in the 2017 criminal justice reform. This research attempts to shed light on these two mechanisms of pre-trail proceedings to identify the risks to victims’ rights at these standalone stages of criminal proceedings regarding domestic violence and rape. Analysis of legislation, statistical analysis, and semi-structured interviews with experts in the field demonstrate that pre-investigation inquiry and instigation of a criminal case are mechanisms of the Soviet era that present a severe challenge to the integrity of human rights safeguards in pre-trial proceedings. The most pressing concerns concerning the said mechanisms, among other things, include an utter disregard for victims’ rights, violation of fair trial rights, and reasonable time of proceedings. |
| Supervisor | Karoly Bard |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2022/aripova_saule.pdf |
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